|
Enterprise Inns sentenced following landlord's death
Enterprise Inns has been fined £300,000 after a landlord died from carbon monoxide poisoning, and tenants at another 474 pubs were put at risk.
Paul Lee was found unconscious by a cleaner at the Aintree Hotel on Aintree Road in Bootle just after midday on 12 November 2007. He had turned on a gas fire in his living room ten hours earlier before falling asleep.
The 41-year-old suffered a heart attack due to lack of oxygen on the way to the hospital and died the following morning without regaining consciousness. He had worked as the tenant landlord at the pub for less than a month.
The gas fire which caused Mr Lee's death
The owner of the Aintree Hotel, Enterprise Inns plc, was prosecuted after an HSE investigation found that the fire may not have been serviced since 1979 and the chimney was completely blocked.
The West Midlands based company, which owns approximately 7,700 pubs across the UK and has an annual turnover of £818 million, admitted breaching s3(1) HSWA.
Liverpool Crown Court heard that Enterprise Inns should have ensured that gas safety inspections were carried out at 868 of its pubs at least every 12 months, but that only 394 had valid certificates. The gas heater which caused Mr Lee's death should have been checked before he took over the tenancy.
Enterprise Inns also received a written warning from HSE in 2001, following a fire at one of its properties in Birmingham, which highlighted a systematic failure to implement annual gas safety checks.
Iain Evans, the investigating inspector at HSE, said:
"It is shocking that a major pub chain failed to ensure regular gas safety checks were carried out at more than 400 of its properties. As a result, one man has been killed and hundreds of other lives have been put at risk.
"Tests we carried out on the gas fire at the Aintree Hotel showed that the workplace limit for exposure to carbon monoxide would have been exceeded within five minutes of it being turned on, and would have reached a level known to be fatal within an hour.
"The chimney from the fire was completely blocked so there was nowhere for the carbon monoxide to escape. Instead, it gradually built up in the room and starved Mr Lee's organs of oxygen until he was left unconscious.
"What makes this case so tragic is that Mr Lee's life could have been saved if Enterprise Inns had continued to obey the written warning it received about gas safety six years earlier, instead of falling back into old habits."
Enterprise Inns plc, of Monkspath Hall Road in Solihull was ordered to pay £19,000 towards the cost of the prosecution in addition to the fine.
Veolia fined following fatality
Veolia ES (UK) Ltd has been fined £225,000 after a worker was killed in a collision with a vehicle whilst collecting litter from a busy road.
The prosecution follows an investigation by the HSE after an incident on 2 March 2007 in East Peckham, Kent.
Damian Griffiths, 20, an agency worker for Veolia, was litter-picking on a grass verge of the A228 with a colleague, who was driving a caged vehicle, used to collect the litter, alongside him.
A large goods lorry travelling in the same direction collided with the caged vehicle, shunting it into Mr Griffiths. The LGV driver escaped serious injury but Mr Griffiths died at the scene.
Veolia ES (UK) Ltd, of Pentonville Road, London, was found guilty of breaching sections 2(1) and 3(1) of the HSWA. It was also ordered to pay costs of £95,239.
Following sentencing, HSE Inspector Caroline Penwill, said:
"Veolia failed to ensure Mr Griffiths' work activity was safe and properly planned. As a result of its failure a man has died. This has had devastating consequences for Damian Griffiths' family.
"Litter-picking near busy roads can be a high-risk activity if not properly planned. Veolia was responsible for managing these works, but in this case did not properly protect the roadside crew from oncoming traffic.
"Other road users were also put at risk. This is unacceptable. Those responsible for managing roadside jobs must ensure that safe systems of work are in place, and measures are taken to safeguard workers and members of the public."
Ed - The waste and recycling industry have a poor accident rate with a fatal injury rate well above other recognisably high-risk industries like construction and agriculture.
£120,000 fine following death
A Durham company, Hargreaves (UK) Services Ltd, has been fined £120,000 at Grimsby Crown Court after safety failings led to the death of a man at its coal processing plant in Immingham. The company was also ordered to pay £35,000 in costs.
The prosecution followed the death of Alan Noddle, who suffered fatal injuries when he was run over by a loading shovel on 20 July 2007.
Mr Noddle worked as a maintenance fitter for Hargreaves' sister company, Norec Ltd, and was working at the Hargreaves' Astra Site at Immingham Docks on the day of the fatal incident.
He died when he was struck by a large loading shovel being used to transfer coal from one area of the plant to another. The driver of the vehicle could not see Mr Noddle as he walked across the stockyard because the large bucket on the loading shovel blocked his view.
After the hearing HSE Inspector Geoffrey Clark said:
"This is a tragic case where a man died as a result of dangerous practices at the site. The loading shovel severely obscured the driver's view, yet despite this it was common practice for employees to be allowed to walk in the area where these machines were being operated.
"Workplace transport is one of HSE's priorities, as transport injuries are a major cause of death and injury in the workplace. Although this is an extreme case, I would urge all employers to be aware of the dangers of moving vehicles of all sizes and to put appropriate measures in place to segregate people from moving vehicles to prevent another tragedy from happening."
Death in roadworks
Sean Hale from Cwmbran, was hit by a car whilst crossing the carriageway of the M4 near Cardiff to collect traffic cones from the central reservation during road resurfacing of the motorway in 2006.
An HSE investigation found Mr Hale's employers, R P Traffic Management Ltd, failed to ensure that a safe system of work was in place that included the use of appropriate signs to warn drivers that workmen were on the carriageway at the time.
The court heard that Mr Hale was working with a colleague at around 9.30pm on 8 September 2006 when the incident happened.
As trainees, both men were being supervised at the time but the quality of supervision was called into question. The court heard both men were observed crossing the carriageway in a dangerous manner on a number of occasions on the same night.
R P Traffic Management Ltd, of Factory Road, Newport pleaded guilty to failing to ensure the safety of two trainee traffic management operatives under Section 2(1) of the Health & Safety at Work Act 1974. It was fined £100,000 and ordered to pay £22,000 costs.
The company installs and remove signage, cones and other materials to manage the flow and speed of traffic when construction works and other activities take place on roads.
HSE inspector Wayne Williams said:
"On the night in question, the gang of three workers consisted of one foreman and two trainees. This was not adequate supervision in what is a high risk working environment.
"Trainee roadworkers should always be under a high level of supervision when undertaking this kind of work as part of an overall safe system of work on the job.
"Everyone involved in work on high speed roads should learn from this tragedy and consider whether they are doing enough to prevent needless deaths and injuries. Motorway works can be very dangerous places unless a high degree of control is maintained.
"Advanced warning signs should always be used when people are working on motorway roadworks to alert drivers that people may be in the road and exercise caution as they approach."
Construction firms fined following worker's death
Two Lancashire companies have been sentenced following the death of a construction worker.
The HSE prosecuted Howorth Scaffolding Services Ltd and Glenmill Group (Developments) Ltd after Peter Walton fell 5m from scaffolding on Altham Industrial Estate, Sykeside Drive on 10 May 2006.
The scaffolding from which Mr Walton fell
The 55-year-old had been working on a project to build three new office blocks when he fell. Preston Crown Court heard that Mr Walton was critically injured when an unsecured board on the scaffolding gave way. He died five weeks later in hospital.
His widow, Christine Walton, said:
"It has been four long, stressful years since the incident that eventually took Peter's life. He meant everything to me and I will love, miss and mourn him for the rest of my life.
"I know that the conclusion of this prosecution won't bring him back but it will help to give me some sort of closure, and to bring this type of incident to the forefront. Sadly Peter's death is just one of many needless deaths that occur in the construction industry due to slack adherence to health and safety regulations.
"Hopefully what happened to Peter, and is still happening on construction sites, will make people realise that health and safety laws are there to protect us and are not to be scorned and scoffed at."
Howorth Scaffolding Services Ltd and Glenmill Group (Developments) Ltd both pleaded guilty to breaching s3(1) HSWA by putting workers at risk.
Howorth Scaffolding, of Accrington Road in Hapton, was fined £25,000 was ordered to pay £13,793 toward the cost of the prosecution. Glenmill Group, of Turner Road, Lomeshaye Business Village in Nelson, was ordered to pay a nominal fine of £1 with costs of £13,793 toward costs. The judge said the fines reflect the companies' current financial situations.
HSE Inspector Ian Connor said:
"Both these companies contributed to Peter Walton's death by failing to follow the proper safety procedures for putting up scaffolding.
"Howorth Scaffolding should have made sure that it constructed the scaffolding properly. And, as the principal contractor for the site, Glenmill Group should have ensured it was safe before allowing construction workers onto it.
"This is an extremely sad case which once again shows how important it is to follow health and safety regulations. It's vital that construction companies do more to prevent deaths and injuries in the future."
Failure to guard
The owner of a Bristol lighting company has been fined £20,000 after an employee was injured by machinery that was not properly guarded.
Darren Wring, trading as Fineline, based in Clevedon Road, Failand, North Somerset, pleaded guilty to breaching regulation 11(1) PUWER at Weston-super-Mare Magistrates Court. He was also ordered to pay costs of £1,800.
Rolf Weber sustained minor head injuries on 5 February 2010, after going into the working area of the machine to remove a finished work piece and inadvertently hitting his head on the cutter which was still rotating at full speed.
Christine Haberfield, HSE Inspector said:
"Fortunately, Mr Weber's injuries were fairly minor, but the cutter on which he hit his head was rotating at 18,000rpm and he could have been very seriously injured or even killed.
"It is vital that dangerous machinery is properly safeguarded. In this case, the cutting area should have been enclosed with doors that were linked to the operation of the machine to prevent anybody going into the danger area while the machine was running. People can help prevent similar incidents by checking machinery safeguards regularly, to make sure that they are still working correctly."
£20,000
Scarred for life
A Kent-based construction and engineering company has been fined after an employee suffered severe burns when his jack hammer touched unexposed underground electricity cables.
Bradley Marsh, 28, from Ashford suffered 62 per cent burns to his upper body, face, neck and arms when he inadvertently struck the 11,000 volt cable while working at a construction site in Tovil, Maidstone.
An investigation by the HSE found Mr Marsh's employer, Dwyer Engineering Services Ltd, was in breach of a number of safety regulations after the incident at Burial Ground Lane, on 12 June 2009.
Maidstone Magistrates Court heard the firm did not have a capable supervisor on site, which contributed to poor practices being commonplace. There was also no suitable system in place for the identification of underground cables.
Additionally, Mr Marsh was not trained to dig within 500mm of the live cables, a factor which led to the electrical explosion.
Dwyer Engineering Services Ltd, of Shottenden Manor Farm in Ashford, Kent, earlier pleaded guilty to breaching reg 25(1) of the Construction (Design and Management) Regulations 2007. The company was fined £20,000 and was also ordered to pay costs of £14,532.
Mr Marsh was hospitalised for six weeks after the incident, and as a result of his injuries cannot expose himself to direct sunlight, due to skin grafts. His house has been adapted so he can sleep downstairs and he is unlikely to work again.
HSE Inspector, David Fussell, said:
"This incident was wholly avoidable and demonstrates the need for site safety in the construction sector, especially as contact with live electricity is a common cause of serious incidents. In this case, the employer failed to assess the risks to the operator who was digging in close proximity to 11,000 volt electrical cables.
"The fact that serious injury or death can result from contact with electricity, either via personnel, machinery or vehicles, makes it all the more essential for employers to have safe working procedures for any work involving electrical plant, cabling or equipment.
"If Dwyer Engineering Services Ltd had been prepared to spend a little time locating underground services, using signs, maps, and locating devices, then this incident would have been avoided."
Head teacher fined after pupil injured
A Merseyside head teacher has been fined £20,000 after one of his students suffered permanent injuries when he fell through the school roof.
The HSE prosecuted John Summerfield, 63, after he led a group of teenagers onto a roof at Sacred Heart Catholic College on Liverpool Road in Crosby.
He was found guilty of a health and safety offence following a trial at Liverpool Crown Court. The court heard that Mr Summerfield had taken the group onto the roof on 14 August 2008 on the day of their A Level results.
The roof light through which the student fell
One of the 18-year-old students, who has asked not to be named, fractured his skull, broke his ribs, perforated an eardrum and suffered permanent damage to his right eye when he fell 2.5 metres through a roof light.
Mr Summerfield, now retired, of Moorland Avenue in Crosby, was found guilty of breaching Section 7(a) of the Health and Safety at Work etc Act 1974 by failing to protect the safety of his students when he decided to allow them onto the roof. He was ordered to pay £22,708 towards the cost of the prosecution, in addition to the fine, on 29 October 2010.
Mike Sebastian, HSE Principal Inspector in Merseyside, said:
"John Summerfield wanted to show his students a part of the school they had never seen but it left one of them suffering a permanent injury to his eye.
"The roof was kept out of bounds for a reason. As the headteacher, Mr Summerfield should have thought about the possible consequences before deciding to take them through two locked doors onto the roof.
"Students should expect to be in a safe environment when they're at school and look to their teachers for guidance on what is and what isn't safe. Sadly, a pupil suffered serious injuries because of the poor judgement of his headteacher, and is unlikely to ever fully recover."
Risk to hearing brings a fine
A Burnley manufacturing company has been fined £16,000 after it ignored a formal warning about noise levels at its factory.
The HSE prosecuted Equestrian Surfaces Ltd for putting its employees' hearing at risk, despite being given two extensions to an Improvement Notice requiring a reduction in their daily noise exposure levels.
The machine at the Burnley factory which caused workers to be exposed to high noise levels
Staff at the factory on Phoenix Way, which makes flooring surfaces for horse riding centres, were required to work for several hours a day near a granulator machine as loud as a chainsaw. The machine uses metal blades to shred material into tiny pieces and can reach volumes up to at 98 decibels.
Burnley Magistrates' Court heard that the company failed to put any practical measures in place to reduce workers' exposure to noise, even after receiving an Improvement Notice and being given advice from a specialist HSE inspector.
A further HSE visit with an independent scientist showed that, although some changes had been made, the employees' daily noise exposure remained high and the changes fell short of what could and should have been achieved.
HSE Inspector Matthew Lea said:
"This prosecution highlights the responsibilities that employers have to looking after their employees.
"Noise-induced hearing loss is a degenerative condition and the ear cannot repair itself. It's therefore important that employers take these dangers seriously as there is no going back once hearing is damaged.
"The Control of Noise at Work Regulations require employers to put measures in place to ensure that their employees can work safely, without putting their hearing at risk.
"Equestrian Surfaces could have taken a number of simple practical steps to reduce noise exposure but chose instead to rely on just using basic ear protectors, which in effect is the last line of defence."
Equestrian Surfaces Ltd pleaded guilty to breaching Section 33(1)(g) HSWA for failing to comply with an Improvement Notice. The manufacturer was also ordered to pay £11,000 towards the cost of the prosecution.
Printing firm fined after employees injure hands
An Essex company has been fined after two employees had their hands crushed by printing presses within months of each other.
Basildon Magistrates' Court heard how the workers at the printers and binders Wyndeham Heron Ltd in Maldon, Essex, had been working with machines, when their hands became trapped.
On 27 March 2009, Press Assistant Paul Howard, 49, from Colchester, fractured his thumb when he tried to clear a paper jam in the stacker unit of a press at the company's site.
Later the same year, on 18 November, Mark Frost, 46, from Brightlingsea, was working on another press when a problem was experienced with the drive belts of a conveyer. The moving parts were unguarded and it had become common practice for employees to use objects, or their hands, to deal with conveyer belt problems. Whilst attempting to remedy the problem, Mr Frost hand became caught in the belts and was forced against a roller crushing his fingers.
The investigation and prosecution by the HSE found a lack of training, supervision and appropriate equipment, and that there had been no assessment on how to carry out the work safely in either case.
Wyndeham Heron, of Colchester Road, Heybridge, Maldon, CM9 4NW, appeared at Chelmsford Magistrates' Court yesterday and admitted two charges of breaching s2(1) HSWA.
The company was fined £15,000 with £2,490 costs for the charge relating to Mr Frost's injury and a further £10,000 with £3,171 costs in relation to Mr Howard's injury.
HSE inspector, Paul Grover, said:
"Incidents like this are entirely preventable. Printing presses are a potentially very dangerous piece of equipment, which require adequate guards and safe working procedures for dealing with every kind of operational occurrence. It is not good enough to rely on ad hoc practices to clear paper jams and to deal with other mechanical failures.
"Employers must ensure that appropriate training, supervision and equipment are provided. A suitable and sufficient risk assessment must also be carried out. Advice and guidance is available and easily accessible to help duty holders comply with the law and keep people safe. Where appropriate, HSE will not hesitate to take action against employers failing to comply with the law."
Company fined for endangering workers
A pizza manufacturer in Hounslow has been prosecuted for endangering workers after ignoring calls to make safe an unprotected and dangerous first floor doorway.
Capri Foods Ltd, of Worton Hall Industrial Estate, Worton Road, Isleworth, failed to act on an Improvement Notice served by the HSE despite a continuous risk of a serious fall from height.
City of London Magistrates heard the doorway, which stood approximately 4m above the ground, was used to load and unload goods from a forklift truck operating in a yard outside. However, it was kept open even when the forklift was parked up, with nothing in place in terms of railings or barriers to stop employees falling through it and onto the concrete below.
HSE flagged the hazard during a visit to the factory on 29 July 2009, serving a notice that required improvements to be made by 1 November 2009. A follow-up visit on 9 December 2009 showed nothing had changed, with an HSE inspector observing an employee leaning out of the doorway to empty a bowl of water.
Capri Foods Ltd, pleaded guilty to a breaching the Improvement Notice and a breach of the Work at Height Regulations 2005 in connection to the non-compliance. The company was fined £15,000 and ordered to pay £2,607 in costs.
After the hearing HSE inspector Steve Kirton commented:
"Falls from height remain one of the biggest dangers in the workplace, accounting for a fifth of all deaths and scores of serious injuries in the food manufacturing sector alone according to our latest official figures.
"So it's incredibly frustrating to see a company like Capri Foods blatantly ignoring calls to protect employees when such a clear and obvious risk has been identified. Fortunately no-one was hurt on this occasion, but the consequences of falling through that door could have been horrific."
Steel girder plummets through estate agents
A steel company has been fined £15,000 after a 4m long metal girder crashed through the roof of a Preston estate agents, narrowly missing two office workers.
The steel beam fell about 25m from a crane and smashed through the roof and three floors of Garside Waddingham estate agents in Fleet Street on 16 January 2010.
Pocklington Steel Structures Ltd was prosecuted by the HSE following an investigation into what caused the 80 kg to fall from the crane.
The estate agents' office with the girder still in place
Preston Magistrates' Court heard that two female employees were working in the ground floor shop when the incident happened. The girder was one of 18 similar steel beams to be lifted by the crane that morning on a construction site for a new hotel on Fox Street in Preston.
The company had spent the morning lifting girders at a 45-degree angle to fit into the new hotel structure. But HSE found that nothing was done to stop the girders slipping through the chains wrapped around them.
The investigation concluded the beams should have been lifted when level and not at an angle. Pocklington Steel should also have ensured the girders could not slip out of the chains by attaching shackles in holes drilled through them, as they were being lifted near to the public and other buildings.
Anthony Polec, the investigating inspector at HSE, said:
"It must have been terrifying for the staff on duty in the estate agents that day when they suddenly heard and then saw a steel girder crashing down next to their desks, right where the public normally stand.
"It was only by chance that the incident happened on a Saturday when fewer staff were at work, and that no members of the public were in the building at the time. For such a high lift, near to people on the ground, it is simply not good enough to wrap chains around girders, in a so-called choke hitch, without securing them.
"Two office workers had a lucky escape but several people could easily have been killed. It's vital construction companies make sure they use cranes safely to prevent similar incidents happening again."
Pocklington Steel Structures Ltd, of Lancaster Road, Carnaby, East Yorkshire, admitted breaching s3(1) HSWA. It was also ordered to pay £6,706 towards the cost of the prosecution in addition to the fine.
Fencing firm prosecuted for putting workers in danger
A Manchester fencing manufacturer has admitted putting its employees in danger by allowing them to use unguarded machinery.
Fencing Supplies Ltd was prosecuted by the HSE after the company allowed guards to be disabled on nine fence cutting machines at its factory on Mellors Road in Trafford Park.
When an HSE inspector visited the site on 23 July 2009, he served nine Prohibition Notices banning the use of the machines and an Improvement Notice requiring changes to working practices.
Machine with guards disabled
Trafford Magistrates' Court heard that the guards on five machines had been deliberately bypassed. This meant that workers could gain access them whilst they were still operating, to carry out maintenance work and remove waste materials.
Mike Lisle, the investigating inspector at HSE, said:
"The machines should have automatically shut down before anyone was able to get close to the dangerous parts of the machinery.
"But as a result of the guards being defeated, the machines continued to operate with workers at risk of coming into contact with moving parts and suffering serious injury.
"Missing or defective guards on machinery are a common cause of injury in the manufacturing sector. It is only by chance that no one was seriously injured in this case."
Fencing Supplies Ltd pleaded guilty to breaching reg 11(1) PUWER 1998 by failing to prevent access to dangerous parts of machinery.
The company was fined £14,000 and ordered to pay £2,774 towards the cost of the prosecution on 9 October.
Hospital fined after health worker infected with Hepatitis C
A healthcare worker at a Worcestershire hospital contracted the Hepatitis C virus after injuring herself on a needle used to take blood from an infected patient.
During the HSE prosecution of Worcestershire Acute Hospitals NHS Trust over the February 2007 incident, City Magistrates heard the worker, who had been training at the Trust for three weeks, was instructed to take blood from a patient known to be infected with the virus.
After taking the sample, she had difficulty reaching the sharps bin to dispose of the needle, because other equipment surrounding the patient prevented access for her trolley.
Blood continued to seep through the patient's dressing, so the worker placed the used needle on to the nearest work surface while she attended, but as she reached for a tissue to further dress the wound, she caught her wrist on the needle.
The HSE investigation found the employee was not made aware of the patient's infection status until after the injury occurred and was not supervised during the procedure. Despite action to counter infection from the injury, she was subsequently diagnosed with symptoms of the virus.
An examination of the Trust's system for taking blood samples from high-risk patients found failures to carry out suitable risk assessments where there was a risk of exposure to blood-borne viruses.
The Trust also failed to implement adequate controls or provide training around them, and lacked suitable arrangements for effective monitoring and review of safe working practices. HSE issued four improvement notices in May 2008 to address these issues, which the Trust subsequently complied with.
The Trust pleaded guilty to breaching s2(1) HSWA and reg 6 Control of Substances Hazardous to Health Regulations 2002 and was fined a total of £12,500 and ordered to pay £9,000 costs.
HSE inspector Jan Willets said:
"For staff regularly taking blood from patients, the risk of infection with the Hepatitis C virus from a contaminated needle is greater than for any other blood-borne virus.
"This infection was entirely preventable. The risks and controls are well known and the Trust should have had an effective safe system of work in place.
"It should have ensured an inexperienced healthcare worker was appropriately supervised, aware of the risks to her health from her work with this patient and the precautions to be taken.
"There are lessons for other Trusts who should check they have appropriate arrangements in place including identification of high-risk patients, using sharps disposal containers at the point of use, adequate supervision and training systems, and an implemented policy on the use of safer needles, devices and gloves."
Huddersfield firm fined for endangering workforce
A man was left with serious injuries after a fall from an unguarded platform, a court heard during the sentencing of a Huddersfield textile retailer.
Fifty-seven year-old Dennis Hunter, of Barnsley, was left with a broken leg and crushed ankle when he fell eight feet onto concrete while dismantling shelving at Phoenox Textiles' site in Spring Grove Mills, Clayton West.
Huddersfield based Phoenox Textiles was prosecuted after an investigation by the HSE found the men were working unsupervised and had received no training to dismantle the 30-feet-high shelving system safely.
The shelving unit from which Mr Hunter fell
The men had not been given any specialist equipment to enable them to work safely at height. Ladders supplied were not suitable for the work nor secured in any way.
Huddersfield magistrates heard Mr. Hunter was on a lower rack while cutting through boarding with a circular saw. The board tipped and sent him crashing to the floor, breaking his leg.
The heavy board then fell on top of him crushing his left ankle and badly bruising his face. Mr Hunter underwent two operations and was in plaster for seven weeks before he was able to return to work part time.
Following the incident, HSE served an Improvement Notice ordering Phoenox to properly assess risks to staff while working at height and implement suitable controls. A Prohibition Notice was also served halting any further dismantling work on other poorly-maintained racking at the site.
Phoenox Textiles Ltd., which employs 45 staff across two sites, pleaded guilty to breaching s2(1) HSWA. The firm was fined £12,000 and ordered to pay £3,056 costs.
After the case, Inspector Jackie Ferguson said:
"Six workers were put at risk during the dismantling of this racking - they had absolutely no protection against falls from working at heights of up to 30 feet. Mr Hunter was fortunate not to have suffered even worse injuries, and to date remains unable to fully bear weight on his injured leg.
"Falls from height remain the biggest cause of workplace deaths and one of the main causes of injury. Working at height without the right equipment, training or systems is wholly unacceptable and extremely dangerous. HSE will not hesitate to prosecute when companies commit serious offences and put their workers' lives in danger."
Company fined £12,000 after injuries to three workers
A Chichester rubber hose manufacturer has been fined £12,000 after three workers were injured on its premises over two months.
Oldham Seals Limited, of City Gates, Chichester in West Sussex, appeared at Chichester Magistrates Court after pleading guilty to breaching s2(1) HSWA. The company was fined £12,000 and ordered to pay costs of £4,151.25.
The court heard that on 6th May 2009, a hose builder was unwinding a fabric bandage that had been wrapped around a hose mounted on a rotating machine part called a lathe, while it was moving. The bandage wound round his left hand pulling it into the machine. It was tight enough to amputate his thumb and partially removing part of his index finger.
The HSE investigation showed that a further two incidents had taken place on this machine prior to this incident. A different worker had his glove entangled in the machine and he was pulled towards the rotating parts. He suffered bruising and cuts to his torso.
A third worker was winding a rope around a hose he was building on a lathe when his leg was caught and he was pulled towards the machine. The rope snapped but he suffered severe lacerations to his left leg.
The investigation highlighted that the incidents were preventable, as had there been suitable guarding round the moving parts then the risk of entanglement would not have been present.
HSE Inspector, Michelle Taylor said:
"These three incidents are terrible and all because the company did not have simple guards to cover the moving parts of the machine and prevent entanglement. Also, the company should have made an assessment of the practical measures which could have controlled the risks. Had they done so, then these dreadful incidents would have been prevented."
Construction firm fined after death of worker
A Scottish construction firm has been fined after one of its workers died four weeks after being struck by a telehandler driven by a co-worker.
Charles Wilkinson, 51, from Berwick, was struck by the telehandler as it was being reversed the wrong way along a one-way residential street in Tweedmouth.
Newcastle Crown Court heard the company, James Swinton Co Ltd, was carrying out refurbishment work in the street on 10 November 2008.
The company had not requested a road closure from Berwick District Council and there were still residents' cars parked in the street.
The telehandler driver was reversing his vehicle up the street the wrong way when it mounted the pavement and struck Mr Wilkinson, who was taken to hospital with injuries to his pelvis, spine and ribs but later released.
However, Mr Wilkinson died four weeks later as a result of a blood clot. A Home Office pathologist later determined the clot was caused by the incident.
The company, James Swinton Co Ltd, of Noble Place, Hawick, Scotland, had pleaded guilty at an earlier hearing to one breach of the Health and Safety at Work etc Act 1974 and was fined £10,000 and ordered to pay £4,063 costs.
After the case, HSE Inspector Dr Dave Shallow, said:
"This was a tragic accident that could and should have been avoided.
"Site transport activities should be managed to minimise as far as possible the need for reversing. But where it is necessary to reverse, site managers should ensure that it is done in a safe and controlled manner, using a banksman, reversing aids on the vehicles and segregation of pedestrians and vehicles.
"The company could have asked Berwick District Council for a road closure which, along with these measures and the removal of residents' vehicles, would have allowed safer movement of construction plant and vehicles."
Worker suffers crush injuries
A Rochdale engineering company has been fined after a two-tonne piece of machinery fell onto a labourer, leaving him with multiple fractures.
Carter International was prosecuted by the HSE after the 21-year-old was crushed when the machine part toppled from a forklift truck onto his legs.
The company, which is based at the Fieldhouse Industrial Estate, just off Whitworth Road, refurbishes machines for the plastic and rubber industries. The worker, who asked not to be named, was preparing to clean a section of machinery when it fell on him on 17 September 2009.
The piece of machinery which crushed the worker
Trafford Magistrates' Court heard that the two-metre-long machine part knocked the worker to the ground, breaking his collar bone and causing multiple fractures to his legs. He had to wear a cast for several months after the incident and was not able to return to work for ten months.
The HSE investigation found that the bolts used to hold the machine part on the forklift truck were not designed for the job.
Inspectors also found that lifting machinery at the site had not been properly checked by Carter International, despite the company receiving an improvement notice from HSE in 2005, which required it to have its lifting equipment properly inspected. While it had complied with the original notice, investigating inspectors found the company had not had the machinery checked frequently enough.
The company also failed to have proper lifting processes in place, with individual employees often having to decide how to carry out particular jobs.
HSE inspector David Norton said:
"This was a really nasty incident and the worker is lucky to have escaped much more serious injury.
"It is vital that companies where workers routinely lift very heavy objects not only provide the right equipment, but also have proper processes in place and plan each job properly to prevent these types of incidents."
Carter International Ltd admitted breaching s2(1) HSWA by failing to ensure the safety of their staff during lifting operations. The company was fined £10,000 and ordered to pay £4,184 costs.
Last year, there were 32 deaths and more than 22,400 serious injuries in the construction industry in the UK.
North Yorkshire farmer prosecuted after worker loses limb
A hired farm worker's leg had to be amputated after he attempted to clear a blockage on a harvesting machine whilst the blades were still rotating.
The man from Whitby was employed to help cut forage maize at Skipsters Hagg Farm at Appleton-le-Moors, near Pickering, on 9 November 2009.
The HSE prosecuted Peter Turnbull, a partner in family-run farming firm GR Turnbull & Sons, after investigating the incident.
Scarborough Magistrates Court heard the worker was driving a silage trailer while Peter Turnbull was driving the forage harvester in the same field.
When a blockage occurred in the cutting disc of the harvester, Peter Turnbull attempted to clear the blockage by reversing the drive mechanism. When that failed, he left his seat to clear it by hand, leaving the machine running.
The hired worker came to assist but whilst in the process of clearing the blockage the man's leg was caught in the harvester's rotating cutting discs. The resulting injury was so serious that, paramedics including an Air Ambulance crew, made a decision to amputate the limb at the scene.
Peter Turnbull of Grange Farm, Sinnington, near York, was prosecuted by the HSE for a breach of the Provision and Use of Work Regulations 1998 for allowing someone under his control to enter a danger zone while dangerous parts were still operating. He pleaded guilty to the charge and was fined £10,000 and ordered to pay £1,698 in costs.
After the hearing HSE inspector Charlie Callis said:
"Incidents of this kind are all too common in the farming industry, and the outcomes are inevitably equally horrific.
"Farmers are under pressure to bring in the crop and time spent shutting down and making safe a machine may, incorrectly, be considered time wasted. Taking unnecessary risks like this is never a sensible option, and Mr Turnbull could and should have done more to mitigate those risks.
"HSE is working hard to reduce deaths, injuries and ill health in agriculture, but we need farmers, farm owners and workers to do their bit by following basic safety guidelines and implementing safe working procedures at all times."
Ed - Farming is now officially the UK's most dangerous industry on a ratio of deaths and injury per size of workforce.
Worker snaps wrist after glove tangled in drill
A Cardiff manufacturing firm has been fined after a worker broke his wrist when his glove became entangled in an unguarded drill.
The HSE prosecuted Elmatic (Cardiff) Ltd following the incident at its factory in Wentloog Road, Rumney on 11 March 2009.
Cardiff Magistrates' Court heard that 21-year-old employee Lee Baker had been asked to drill holes in metal boxes despite not usually working with the drill and having no formal training on how to use it.
The pillar drill Mr Baker was using did not have an appropriate guard fitted and when positioning one of the components for drilling his glove became tangled. He fractured his wrist in two places and needed to have plates inserted.
HSE had previously taken formal action against the company, in 2002 and 2009, to ensure that drills were adequately guarded.
Elmatic (Cardiff) Ltd, registered to Wyndham Crescent, Canton, Cardiff, pleaded guilty to a charge under Regulation 11 of the Provision and Use of Work Equipment Regulations 1998. They were fined £8,000 and ordered to pay £6,691.45 costs.
HSE inspector Hugh Emment said:
"HSE has warned this company before about not providing suitable guards on drills of this type, and while they did initially heed these warnings, the safety standards were not maintained.
"Mr Baker had not been trained to use this drill, nor had he been told about the dangers of wearing gloves while using drills. This is a well known risk in the manufacturing industry, and it resulted in a serious injury to Mr Baker."
In March 2002, Elmatic (Cardiff) Ltd received an immediate prohibition notice relating to the use and guarding of three pillar drills, and this was followed by written advice from an HSE inspector. During the investigation in to the incident on 11 March 2009 the company received an immediate prohibition notice, on 24 April 2009, for failures relating to guarding on a pillar drill and deficiencies in operator training.
Lancashire couple in court after repeated injuries
A Lancashire couple has been prosecuted after an employee was seriously injured twice in less than two months at a pine furniture workshop in Bacup.
Simon Davies, from Bacup, was cutting a small groove into a pine door on 13 July 2009 when it shot out of the machine, forcing his left hand onto a rotating blade. The 21-year-old's index finger was badly cut, most of his nail was removed and the bone was broken.
The machine which caused Simon Davies' injuries
The HSE prosecuted Kenneth Bramhall and Gill Brown, who run Village Pine on Newchurch Road in Bacup, for failing to provide suitable training for employees, and for not adequately controlling the risk to workers of being injured.
Reedley Magistrates' Court in Burnley heard that, just three weeks before the July incident, HSE had issued seven enforcement notices after Mr Davies suffered similar injuries from a circular saw.
The notices required specific improvements to be made at the workshop, and work on the unguarded and unsafe saw to be stopped completely.
Michael Mullen, the investigating inspector at HSE, said:
"It is regrettable that a worker was badly injured twice in less than two months because basic health and safety measures were not in place. Mr Davies has now left the joinery profession as a result of the injuries he suffered.
"We had no other choice but to prosecute following the second incident, which could easily have been prevented. A simple jig should have been used to handle the wood, keeping the operator's hands away from the blade. Blocks of wood should also have been fitted to the front and back of the machine to deflect the wood if it shot out.
"Sadly, the standard of training needed to do this type of work safely had not been provided. If the measures required by health and safety law had been taken then Mr Davies would not have been injured in this way."
Kenneth Bramhall, 51, and Gill Brown, 65, both pleaded guilty to breaching Regulations 9(1) and 12 of the Provision and Use of Work Equipment Regulations 1998 and were each fined £6,000. They were also both ordered to pay £1,000 in compensation to Mr Davies, and £2,000 each towards prosecution costs.
Ed - The woodworking industry has one of the highest injury rates in the manufacturing sector, with most caused by contact with moving machinery. Details on improving safety are available at www.hse.gov.uk/woodworking.
Other health and safety offences in brief
Defendants Offences Penalty Description
Smurfitt Kappa UK Ltd Workplace (Health, Safety and Welfare) Regulations 1992 Reg 17 £5,000 + £4,204 costs Work place injury – interaction of pedestrian with vehicles and conveyor – broken ribs caused
Wates Construction Ltd
Dean Lotwick Construction (Design and Management) regulations 2007 Regulation 28(2) £4,000 + £5,273 costs
£4,000 + £6,963 costs Failure to design and construct hoarding properly which blew down in wind
Simon Jones Restoration and Re-design Limited Construction (Design and Management) Regulations 2007 Regulation 28(1) £4,000 + £3,000 costs Gable wall collapsed onto workers through failure to plan works effectively
Graham Salter Provision and Use of Work Equipment Regulations 1998 Regulation 11(1) £4,000 + £1,622 costs Failure to guard dangerous parts of machinery – injury caused
Furber Roofing Ltd Work at Height Regulations 2005, Regulation 6(3) and of the Management of Health and Safety at Work Regulations 1999 Regulation 3(1) £2,000 + £1,500 costs Working at height without appropriate protection and failure to undertake suitable and sufficient risk assessment
Ductwork Environmental Services Ltd Employers' Liability Compulsory Insurance Act 1969 s1(1) £1,000 + £750 costs Failure to have current employers’ liability insurance.
General All Purpose (GAP) Plastics Ltd Provision and Use of Work Equipment Regulations 1998 reg 11 £1,000 + £4,000 costs Failure to guard – injuries caused when arm dragged into machine
Environment Agency offences
Skip hire company illegally burnt waste and buried asbestos
The operators of a North Devon scrapyard and skip hire company have been found guilty of illegally burning and burying waste including asbestos at a site near Bideford in a case brought by the EA.
After a five day trial at Exeter Crown Court, Petra Bond and Julian Goddard of Auto Disposals and Bideford Skip Hire were convicted of a total of seven offences under the Environmental Protection Act 1990 and Environmental Permitting Regulations 2010.
A jury heard how in 2006 there were a series of fires the site that damaged a large asbestos-clad shed and pile of mixed waste. Petra Bond, who was in control of the site at the time, instructed an employee to remove the asbestos from the building. He placed it in a number of skips, one of which was later legitimately removed by a waste disposal company.
Following the last fire, Petra Bond is alleged to have told the same employee to get rid of the fire-damaged wastes as quickly as possible to ‘cut costs.’ She instructed him to take it to an adjoining property, Goodleigh Cottage, excavate a hole and bury it in an area just behind a wall.
A second consignment of asbestos, stored on several pallets, was buried in a corner of the waste transfer station to allow a car park to be constructed. Once again, this was done on the instruction of Petra Bond. It is estimated the damaged shed contained around 15 tonnes of bonded asbestos of which only 1.8 tonnes could be accounted for by Petra Bond.
Witnesses including three former employees, told the court how later in 2007 Bideford Skip Hire supplied skips to a business premises in Torrington where sand was used to mop up a diesel spillage. The skips were later stored in a car park at Goodleigh Cottage where they started leaking diesel.
Petra Bond told workers at the site to dig a hole and bury the diesel contaminated waste. When an employee asked why she wouldn’t dispose of it legitimately, Bond said it was ‘too expensive.’ A couple of skips of mixed waste were also buried at the same time.
Also in 2007, Petra Bond instructed site staff to move and bury a large pile of mixed waste within the waste transfer site. In early 2008 site operations were taken over by Purgamentum Waste Management Ltd with both Petra Bond and Julian Goddard as directors of the company.
In May 2008 an Agency officer visited the site an found an incinerator called an Air Curtain Burner being used. Julian Goddard had been previously advised by an environment protection officer at Torridge District Council that it was an offence to operate this type of burner without a permit.
The Agency officer instructed site workers to stop burning material. He saw treated, painted and mixed wood was being burnt along with general mixed waste.
The court heard how the defendants had denied the EA access to the site on a number of occasions during the investigation and had been unhelpful and obstructive. Eventually the Agency used its powers under the Section 108 of the Environment Act 1995 to enter the site. A magistrate’s warrant was issued and on May 29, 2008 a team of Agency officers gained access and carried out a full site investigation. Further excavations under a court warrant were undertaken in March 2009.
Large quantities of waste including asbestos and mixed waste was found exactly where the former employees said it would be found. In one area, a liquid described as a ‘malodorous leachate’ was discovered as waste was being excavated.
A witness told the court he estimated between 2,000 – 3,000 tonnes of waste had been illegally buried at the site and in the grounds of a neighbouring property.
‘The operators of this site deliberately chose to flout the law and dispose of hazardous waste in a highly illegal and irresponsible fashion. They were motivated by money and a desire to increase profits and save on costs. In behaving in this reckless manner they ignored the concerns of their employees and put human health and the environment at risk,’ said Richard Cloke for the Environment Agency.
Ed – given the extraordinary nature of this case, and indeed the following matter, I have chosen to report them this month even though the court has not yet passed sentence in either matter.
Paper company found guilty of falsifying environmental data
The UK's largest waste paper recycling company has been convicted of misleading the EA over the quality of effluent discharged from its papermill into a Devon river.
A technical manager at St Regis Paper Co Ltd was also found guilty of falsifying records at the end of a six day trial at Exeter Crown Court.
The company operates a papermill at Higher Kings Mill, Cullompton under a Pollution Prevention and Control permit issued by the Environment Agency. The permit contained a condition that the company monitors its own effluent treatment plant and reports the results to the Agency.
In 2004, the Agency informed St Regis Paper that stricter controls on effluent quality were due to come into force in early 2005 and asked the company to provide a timetable of improvements to its effluent treatment plant to ensure it complied with the new discharge limits.
The company said it had made inquiries with a firm of effluent treatment specialists and been advised the cost of improvements to its treatment system at Higher Kings Mill could be as high as £1.2 million. The company asked for extra time to put an upgrade into effect and stated that in the meantime it planned to install an aeration system in an attempt to improve the quality of effluent discharged into the River Culm.
In early 2005 the company told the Agency the aeration trial using the oxygenation equipment had achieved ‘positive results’ and no longer needed the extra time.
However, the Agency noticed that a number of the effluent quality results for a period between 2005 - 2007 submitted by St Regis Paper were ‘suspiciously close’ to the permitted limits. In March 2008 an officer asked to see the company’s daily environmental records sheets and noticed that one had been altered from a value (100mg/l) in excess of the limit to just below the permitted maximum of 60mg/l.
When an officer later asked to see copies of the 2007 record sheets he was told it was not possible because they ‘had been destroyed.’ An effluent sample taken by the Environment Agency on March 6, 2008 had a Biochemical Oxygen Demand (BOD) level two and a half times above the permitted limit.
A jury heard that a freshwater dilution system was installed to dilute effluent with river water before it reached the sampling point. This dilution system was not brought to the attention of the Agency which was unaware of its existence.
St Regis Paper Co Ltd is part of DS Smith PLC, an international company making packaging materials and office products. The parent company has annual turnover of £2 billion with a gross profit of £109 million. Higher Kings Mill makes coloured card for office and educational markets. St Regis Paper Co Ltd is the largest recycler of waste paper in the UK.
‘The deliberate falsifying of records strikes at the cornerstone of our permitting system that is based on self monitoring by the Operator. By presenting the performance of its effluent treatment plant as being better than it was, the company saved a considerable amount of money by not having to carry out major improvement works,’ said Spence Seaman for the Agency.
‘This case sends out a strong message to the business community and should deter others from falsifying environmental data. Allowing companies to self monitor involves trust. If a business fails to keep its side of the bargain the Environment Agency will take action,’ said Mr Seaman.
The trial ended on 18 October with St Regis Paper Co Ltd and the company’s technical manager, Christopher Steer, being found guilty of falsifying environmental monitoring data and concealing illegal discharges from the Environment Agency in contravention of the PPC Regulations 2000.
The case against Mr Steer was adjourned for sentencing until November 29, 2010. The case against St Regis Paper Co Ltd was adjourned until April 2011 following the Environment Agency’s decision to make a Proceeds of Crime Application.
Bicycle company pedals into packaging problems
A Nottingham based importer and wholesaler of bicycles, Universal Cycles Limited has been fined £34,000 for failing to recycle packaging
The company pleaded guilty at Nottingham Magistrates’ Court to 34 charges under the Packaging Regulations. In addition, the company was ordered to pay £4,394 in costs, along with a £9,140 in compensation.
The company should have been registered with the EA and was obliged to recover and recycle a portion of its packaging waste, as well as filing a certificate at the end of each year to confirm it had met these obligations.
However, the company did not register with a compliance scheme until 2009.
The court heard a routine check by the EA in November 2009 established that the company should have been registered in previous years.
Jill Crawford, prosecuting for the Environment Agency, said the company’s explanation for failing to comply with the Packaging Waste Regulations was that it was “unaware” that it was an obligated company under the regulations.
By failing to register, the company had avoided fees and other costs of £47,941.
In mitigation, the court heard that the company had entered an early guilty and had cooperated with the investigation. In addition, the company is now fully compliant.
Ed - The charges were brought by the Environment Agency under the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 and 2005, and the Environment Act 1995.
Producer responsibility is an extension of the “polluter pays” principle. The regulations apply to companies which (1) manufacture or fill packaging, or sell or import packaged goods; (2) have an annual turnover exceeding £2 million; and (3) handle more than 50 tonnes of packaging per year.
Car parts company fined for packaging offences
A seller and importer of imported car parts was ordered to pay a total of £41,776 after failing to register as a producer of packaging waste, and recover and recycle packaging waste.
Euro Car Parts Ltd of Euro House, Fulton Road, Wembley Industrial Estate, Wembley, Middlesex HA9 0TF pleaded guilty at Brent Magistrates’ Court to failing to register with the Environment Agency or a compliance scheme as a producer of packaging waste, and failing to meet its requirements to recover and recycle packaging waste between 1998 and 2008.
The company was fined £28,240, and was ordered to pay £4,381 in costs. The company was also ordered to pay compensation of £9,140 to the Environment Agency for unpaid registration fees for the years 1998 to 2008 inclusive, and the victim surcharge of £15.
The court heard that it failed to register with the Environment Agency or a compliance scheme and provide evidence that it recovered and recycled the packaging waste it handled, including paper, plastic, steel and wood.
The EA contacted the company as part of its routine monitoring of non-regulated businesses requesting information about the packaging material it handled. The information provided showed that the company should be registered as a producer of packaging waste as it met both thresholds by handing more than 50 tonnes of packaging per year, with an annual turnover of more than £2 million (£5 million for 1997 and 1999).
By not registering and not contributing to recovery and recycling, it was estimated that Euro Car Parts Ltd made a saving of approximately £29,129.35, of which £19,989.35 would have helped the recycling industry.
Environment officer Dawn Dorman said: “Although these regulations have been in force since 1997 we continue to find companies who are unaware of their responsibilities, by meeting the required obligated thresholds. The money that Euro Car Parks Ltd has saved by not purchasing packaging recovery notes would have directly supported the recycling industry.”
Water company fined for polluting Cornish stream
South West Water has been ordered to pay nearly £20,000 in fines and costs for discharging poor quality sewage effluent into a tributary near Bude in Cornwall.
On March 27, 2009 the Agency carried out an annual inspection of the Launcells Sewage Treatment Works near the village of Grimscott. Officers discovered signs of poor maintenance including sewage fungus in an inspection chamber, pipe and filter bed outlet.
Sewage fungus was also seen growing in the receiving watercourse for a distance of approximately 170m to the Grimscott Stream. In places the sewage fungus was as thick as a ‘shag pile carpet.’ Agency officers could also smell sewage as they walked through nearby woods.
As a result, the Sewage Treatment Works failed its inspection. A re-inspection took place in April 2009 and the works passed. However, the court heard it only passed because a South West Water worker had manually removed sewage fungus from the watercourse using a brush (a process known as ‘masking’) prior to the re-inspection. The Agency was only told of this 18 months later when South West Water prepared its report for the magistrates.
The site was visited on a further four occasions. On each occasion sewage fungus was seen in the watercourse leading to the Grimscott Stream. An invertebrate survey conducted by the Agency showed the health of the stream had deteriorated as a result of the pollution.
Sewage fungus was seen again during an annual inspection of the works on April 30, 2010. The site failed this inspection and its re-inspection. Sewage fungus is often associated with sewage treatment plants that are not providing full secondary biological treatment and those considered to be overloaded or badly maintained.
The court heard the tributary and stream ran through Leigh Woods, a County Wildlife Site and that an area adjacent to the tributary leading to the stream was being used as a children’s den. There is no indication any children have been harmed.
Unlike large sewage treatment works that must comply with numeric discharge consents, small works like Launcells serving populations of less than 250 operate under a ‘descriptive consent’ and are not required to meet numeric standards for discharged effluent. Instead, they must be operated and maintained in such a way as to ensure any effluent they discharge does not have an adverse impact on the environment.
In all, Launcells had caused pollution of the watercourse on eight separate occasions since March 2009 in breach of its consent.
‘It is important small sewage treatment works are operated properly and fully comply with the conditions of their consent. It became evident this treatment works had been discharging poor quality effluent into surrounding watercourses on a continuous drip-drip basis over a period of time. The pollution was caused by poor maintenance,’ said Alison Gidlow for the Environment Agency.
South West Water, of Peninsula House, Rydon Way, Exeter was fined £12,000 and ordered to pay £7,747.63 costs after pleading guilty to two breaches of their discharge consent in that the treated effluent discharged from Launcells (Grimscott) Sewage Treatment Works had an adverse environmental impact on the receiving controlled waters contrary to Section 85(6) of the Water Resources Act 1991. The case was heard by Bodmin magistrates on Tuesday 5 October 2010.
Fine for firm who polluted River Ogden
Recontainers Limited of Haslingden has pleaded guilty to illegally releasing waste water into Swinnel Brook and the River Ogden which caused serious water pollution, killing hundreds of fish and damaging the environment. They have been fined £10,000 and ordered to pay £3,407.
Rossendale Magistrates Court heard that on 21 April 2010, the EA was contacted by a member of the public about reports of dead fish on the River Ogden. Subsequent investigations found a serious water pollution incident had occurred as a result of a release of waste water containing detergents, disinfectants, soaps and chlorinated products from cleaning out containers at the company’s premises.
The waste water should have been pumped into a container prior to treatment and discharge to foul sewer, however, a pump had become detached and the washings had overflowed into the site’s sewerage system. The investigation established there was a blockage and a crack in the sewer, and the washings had escaped and entered Swinnel Brook and the River Ogden.
The waste water was highly polluting and rapidly stripped oxygen from the watercourse resulting in major damage to fish and macro-invertebrate and damaging the ecology of the river. The company were unaware of the incident and the devastation they had caused until they were contacted by the Environment Agency.
The company admitted it had no system in place to check that its pumping arrangement was working correctly or whether there were any blockages in the site’s private foul sewer.
Simon Crozier, Environment Agency Environment Officer, said: “Recontainers Limited were negligent in their failure to have a system in place to check that their pumping arrangement was working correctly, and this resulted in a category one incident in terms of its seriousness where more than a 3.5 km stretch of watercourse was affected.”
The main sightings of dead fish were in the River Ogden from Sunnybank Road up to and including Swinnel Brook and the overall count of dead brown trout was 164 ranging in size from five centimetres to twenty five centimetres with a further 87 sticklebacks.
A survey carried out on 23 April 2010 found clear evidence of pollution downstream of the company, where water samples showed reduced animal life compared to sites upstream.
RIVAR fined for breaching permit conditions
RIVAR Limited, a Berkshire property company, has been ordered to pay more than £20,500 for breaching its consent to discharge treated sewage into a Thatcham stream.
The company pleaded guilty to three charges of breaking the conditions of its discharge permit which resulted in harmful quantities of sewage entering the Dunston Stream.
West Berkshire Magistrates’ Court fined the company £3,000 on each for three charges of breaching Section 85 of the Water Resources Act 1991 and ordered it to pay £11,500 costs as well as an additional victim surcharge of £15.
The court heard that the company failed to monitor and manage sewage treatment works at its site, leading to poor effluent quality. This impacted dramatically on downstream water quality, habitats and the environment as it flowed through front gardens of residents, past a school and through two parks in a residential area. This endangered the well-being of the local people using these facilities as well as having a detrimental effect on the water quality.
The Environment Agency granted RIVAR Ltd consent to discharge treated sewage from a mixture of residential and office properties. The discharge permit was based on a number of conditions, which are to mitigate the polluting effect of the discharge in the Dunston Stream. It sets levels for water quality parameters, such as solids, ammonia and biochemcial oxygen demand, which can all be measured in effluent. RIVAR Ltd also had to operate and maintain the sewage treatment works to keep the effluent within the consent limits so as to prevent pollution of the Dunston Stream.
Water samples were taken of the Dunston Stream by Environment Agency officers in October 2007. These showed that Biological Oxygen Demand (BOD) concentrations were 15 times over the consent limit, Ammoniacal Nitrogen levels were five times over the limit and the suspended solids were double. Further samples taken downstream of the sewage plant found four times the BOD limits , and Ammoniacal Nitrogen levels 37 times higher.
Failure of the sewage treatment works appears to have been caused earlier by exceptional flooding in July 2007 which damaged electrical isolators causing the pumps to fail.
RIVAR Ltd were helpful during the investigation, removing the effluent and repairing the sewage treatment works. However, further samples taken in May 2008 and June 2009 found water sample levels to be over the consent limits .
Between September 2007 and September 2009 the Environment Agency hotline received several reports of pollution incidents relating to the sewage treatment works. Environment Agency Officers responded by attending the site to monitor the situation and take samples.
The sewage discharges were not only unsightly but it also affected the nearby resident’s peaceful enjoyment of their properties. There is a special needs school within 10 m of the stream and a park where children have open access to. The Dunston stream through which the discharge runs eventually joins the River Kennet which is a designated Site of Special Scientific Interest( SSSI). The Dunston stream before the discharges started always had a clear water with a gravel bed inhabited by frogs, newts and toads.There is also a pond into which it flows which supports a wide range of flora, and fauna including frogs, newts and toads.
Investigating Officer Alison Love said:
“RIVAR failed to inform us within the agreed period of 28 days before starting the discharge, which was in contravention of the agreed conditions. This meant we were unable to collect samples of the discharge to check it met the consent effluent quality conditions. If the breach in the discharge permit had been identified earlier, the water quality in Dunston Stream may not have been as severely affected.
We work closely with farmers, businesses, water companies and the public to reduce pollution and improve water quality, but when companies like RIVAR fail to adequately monitor their operations thereby resulting in harm to the environment we will take strong action.”
Slurry allowed to run into Black Dyke
Ronald Duguid, trading as Adam M Duguid and Son at Home Farm, Spittal in the Street, was fined a total of £8,000 and ordered to pay full costs of £6,425 by Lincoln Magistrates Court.
Miss Claire Bentley, prosecuting for the EA, told the court that Duguid, aged 69, had intentionally allowed slurry from his farmyard and leaking manure heaps to discharge into the Black Dyke. She added that there were no systems in place to store and collect dirty water or slurry and the current system was wholly inadequate.
When asked by Officers, Duguid acknowledged that the effluent was running into the watercourse but ‘could not see a problem with the pollution’. He told them he had occupied the site for the past 55 years and ran the business in partnership with his son. Drains from the yard and the water used to clean the milk tanks had always discharged into the stream.
An EA monitoring officer discovered the problem on 4 November 2009 when he noticed a strong smell of manure in the stream. The following day, other officers visited the site and saw the slurry and dirty water flowing into the stream from a discharge pipe coming from Home Farm. They noticed that upstream from the pipe the water appeared clear, but downstream it was opaque and was clearly polluted.
On 11 November, Environment Agency Officer, Rebecca Baxter returned to the site with a biologist colleague to carry out a biological survey. The stretch of watercourse affected was in a protected zone where there was an abstraction point for drinking water. It was at this time that Miss Baxter saw slurry seeping out of a containing wall surrounding a manure heap and running into the watercourse.
The survey later indicated that 150m downstream of the pipe the water quality was very poor and did not return to a good state until after the water had passed through a series of lakes and a reed bed, however the quality of the drinking water had not been affected.
The biologist concluded that the pollution from the pipe had a severe detrimental impact on the invertebrates in the stream as well as causing the water to become deoxygenated and grow a layer of sewage fungus on river vegetation.
A letter was sent to the partnership, advising that the discharges were polluting the stream and must be stopped immediately. Duguid responded by stating that they ‘could not see any economic solution and they were causing no overall problem’.
When Miss Baxter returned to the site in March 2010 to carry out a further inspection, she saw a second, larger manure heap and a farm building housing livestock both seeping slurry into a chamber which then discharged into the stream. The wall surrounding the smaller manure heap was still in need of urgent repair.
Duguid told EA officers that there was ‘no area for the storage of dirty water on the farm’ and although he acknowledged the biological impact the pollution had on the watercourse, he could not see a problem as it only affected a short length of the stream. He also assumed that the leakages coming from the manure heap would be absorbed by the surrounding land.
In mitigation Mr Patrick Cordingley, solicitor for the defence, said Duguid has invested in new systems to prevent future pollution.
After the hearing Miss Baxter said “Farm owners must responsibly manage any pollution risk from their operations. Slurry can severely pollute water and must not be allowed to enter local rivers or streams. Proper slurry stores should be constructed and regularly maintained to prevent pollution.
“We would prefer to work with people and businesses to ensure that this type of pollution does not occur. If they don't approach us then they run the risk of legal action and costly fines.”
Kiddicare fined for failing to join recycling scheme
Baby and nursery partnership trading as Kiddicare in Peterborough has been fined £6,000 and ordered to pay £1,335 costs for failing to sign up to a recyling scheme.
Elaine Weavers-Wright, a partner of Kiddicare, pleaded guilty at Peterborough Magistrates’ Court to breaching packaging waste regulations for two years.
Mrs Anne-Lise McDonald prosecuting for the Environment Agency told the court that the failure of the business to register came to light through a routine enquiry when the business admitted to not being aware of regulations.
Magistrates were told that businesses which handled in excess of 50 tonnes of packaging a year and had an annual turnover of more than £2m were obliged to register either with a scheme or directly with the Environment Agency.
Mrs McDonald told the court: “The aim of the packaging regulations is to achieve a more sustainable approach to dealing with packaging by ensuring businesses take responsibility for the packaging used in their operations. This in turn reduces the amount of packaging produced and the amount going to landfill.”
Magistrates were told that for each year of not being registered there were three offences: not being registered, failing to recover and recycle packaging and not providing a record of recycling.
Weavers-Wright pleaded guilty to failing to register a scheme during 2007 and 2008 and asked for three similar offences to be taken into consideration relating to 2006. The business joined a scheme in 2009.
Mrs McDonald said the business had saved £3,896 between 2006-8 by not being registered.
Neil Guest representing Mrs Weavers-Wright said Kiddicare was of good character and had never had any issues with compliance previously.
After the hearing Environment Agency officer Rachel Parker said: “Packaging regulations are designed to prevent today’s packaging becoming tomorrows landfill. The money raised from compliance with this legislation goes directly into the recycling industry which means that more packaging waste can be recycled.
“By not complying with these regulations Kiddicare has not made its contribution towards recycling. Today's result shows that we will actively seek to find and prosecute businesses who do not comply with these important regulations.”
Southern Water count the cost of sewage pollution
The EA has prosecuted Southern Water for causing untreated sewage to enter a tributary of the internationally important River Itchen at Eastleigh in Hampshire during June last year.
Southern Water Services Ltd appeared at New Forest Magistrates Court on Wednesday 27 October 2010 and pleaded guilty to the offence. The company was fined £5,000, ordered to pay costs of £3,440 and £15 victim surcharge.
The Court heard that at 3.30pm on 16 June 2009, Southern Water contacted the EA to report that the rising main at the outlet of the Chestnut Avenue Pumping Station had burst inside the site compound, but this incident was not causing pollution. The company also informed the Environment Agency that four tankers that they deployed were removing sewage while the pumps were switched off to enable repairs to take place.
At 8.35am the next day, Southern Water again contacted the Agency to alert them that from 7.10am that morning, untreated sewage had been entering the Monks Brook at Eastleigh via an overflow pipe.
The overflow pipe must only be used in the event of storm conditions or when there has been an electrical failure, and neither situation had taken place. Southern Water are also required to report discharges of sewage immediately, but it took the company over an hour to notify the Environment Agency of the incident.
Southern Water continued to use tankers to take the effluent away from the site but this action proved insufficient to prevent the continued overflow. Finally, the company deployed additional tankers to an inspection chamber in nearby Passfield Avenue and blocked the outfall into the Monks Brook. The discharge of sewage to the brook eventually stopped at 2pm that day, nearly seven hours after the incident began.
The Monks Brook is a tributary of the River Itchen, an internationally important conservation site that is well known for its wild populations of salmon and sea trout. A biological survey of the watercourse was carried out and the results showed that oxygen levels in the brook 600m downstream of the discharge of sewage were between 24 to 28 per cent as opposed to 97 per cent upstream.
The levels of ammonia recorded in the water were six times the fatal level for fish and aquatic life. A further survey concluded that the incident may have had an impact on wild trout populations in brook.
Gareth Bates of the Environment Agency said: “Prosecution is usually a last resort for us but it was clear that Southern Water’s emergency plans were inadequate in response to this serious incident.
“Any pollution to the natural environment must be avoided, or stopped as soon as possible if it does occur. Southern Water clearly failed to do this as untreated sewage was allowed to enter the brook for a period of nearly seven hours. As a result a totally avoidable pollution of an environmentally sensitive area occurred.”
Fuel company fined for polluting River Clyst
Fuel distributor GB Oils has been fined £5,000 for polluting a tributary of the River Clyst near Dart Business Park, Clyst St George, near Exeter, Devon, with red diesel.
On 24 July, 2009, a significant quantity of red diesel was seen in the watercourse. Booms and pads were put across the tributary to contain the pollution and the Environment Agency used more than 100 filled sandbags for construction of a weir to contain diesel.
Further investigation traced the leak to fuel distributor GB Oils, trading as OJ Williams. The company was not showing any loss of oil on their computer system. However, a pressure test and ground excavation revealed a hole in a supply pipe to a fuel dispensing island.
A quantity of oil entered the watercourse but the majority was contained in a 100 metre section. The River Clyst is a SSSI (site of special scientific interest), a SPA (special protection area) and a RAMSAR site (a wetland site with international importance).
The magistrates court recognised the work undertaken by the company to remediate the environmental impact of the spillage.
‘We believe that 22,000 litres of red diesel had been lost to the ground near the fuel island. An accurate fuel measuring system within storage tanks and leak detection on pipe work would have alerted the company early on and avoided a major oil spill,’ said Mischka Hewins for the Environment Agency.
GB Oils Ltd (trading as OJ Williams) of Dart Business Park, Clyst St George, Exeter, were fined £5,000 and ordered to pay £3,700 costs after admitting causing polluting matter, namely oil, to enter controlled water contrary to Section 85(1) of the Water Resources Act 1991.
Microwave mountain
A scrap metal dealer has been fined for illegally storing and dismantling thousands of old microwave ovens on an industrial unit in North Yorkshire.
At Scarborough Magistrates’ Court, James Stephen Pearson admitted running his waste business at Hunmanby Industrial Estate between October 2008 and January 2010 without the necessary environmental permit.
Craig Burman, prosecuting for the Agency, said an environment officer visited Pearson’s locked site in May 2009 and observed several hundred microwave ovens stored on the ground, as well as other waste.
Officers attended the site the following month with police and estimated about 3,300 scrap microwaves were being stored there. Many had been opened up, exposing electrical wires, and other scrap metal was stored nearby.
In interview, Pearson told environment officers the site and ovens were his and he was storing the microwaves until the price of scrap metal increased. He had no planning permission for his waste operation.
Pearson was advised he needed an environmental permit and should cease activity until he obtained one. He was later given the same advice on several subsequent occasions.
The court heard that later in June environment officers returned, to see a fence had been built around the microwaves, and they wrote to Pearson, advising him of the legal requirement for a permit for storing and processing electrical waste.
Over the next month, Mr Burman said environment officers made a number of visits to the site between June and September and saw evidence of ongoing waste activities on site.
The officers began surveillance in September 2009 and recorded vehicle movements and waste, including scrap microwaves, arriving at and leaving the site.
Waste activities continued at the site during November and December and when environment officers returned in January 2010 they saw broken microwave plates over the boundary, as well as vacuum cleaner parts, a fridge freezer, sunbed, TVs, tyres, copper wiring and more microwave components.
Pearson was interviewed that day at Scarborough police station and waste transfer notes were seized and analysed by officers for information on Pearson’s movement of waste.
Mr Burman said officers who analysed Pearson’s waste records found he had been paid £10,227 for scrap received during 2009.
The court heard any processing or dismantling of electric or electronic waste had to take place indoors and to ensure goods were not exposed to the elements.
Magistrates found that the deliberate nature of Pearson’s offending and the financial motivation were aggravating features, as was the length of time it continued in the face of information and advice from the Environment Agency.
Pearson, 50, of Airy Hill, Filey, North Yorkshire, was fined £5,000 and was ordered to pay full prosecution costs of £2,547.59 and a victim surcharge of £15.
The bench gave him credit for an early guilty plea and his lack of previous environmental offences, as well as the fact that there was no evidence that Pearson’s actions had caused any environmental harm.
Other environmental offences in brief
Defendants Offences Penalty Description
Horatio Charalambous Environmental Protection Act 1990 s33 x2 £2,200 + £2,452 costs Garage owner fined for dumping waste at a recycling centre
Thames Water Utilities Limited Water Resources Act 1991 s85 £2,500 + £8,000 costs Polluting a watercourse – burst drinking water causing silting over 2.5km
Steven Haim £2,500 + £400 costs Control of Pollution Act (Amendment Act) 1989 s1 Failure to register as a waste carrier
Alan Lee £2,000 + £1,225 costs Control of Pollution Act (Amendment Act) 1989 s1 Failure to register as a waste carrier
Campbell Environmental Services Ltd £1,000 + £1,452 costs Environmental Permitting (England and Wales) Regulations 2007 reg13 Operating a waste facility without being authorised with a permit
Preva Produce Ltd £1,050 + £1,515 costs Producer Responsibility Obligations (Packaging Waste) Regulations 2007 reg40(1)(a),(b)&(c) Failure to register for a recycling scheme, failure to recover and recycle packaging and failure to record recycling
Maritime and Coastguard Agency matters
A.P. Moller-Maersk A/S prosecuted re rest periods
At a hearing at Newcastle Magistrates Court, the owners of the UK registered container ship Maersk Patras pleaded guilty to eight charges of failing to provide adequate hours of rest for the crew and one charge of failing to improve the situation.
In September 2009, the MCA conducted an audit on board the Maersk Patras at Bremerhaven. It was noticed that the Captain, Officers and other crew members had not been having the required periods of rest as laid down by international agreements.
The company, A.P. Moller-Maersk A/S of Denmark, were informed of these concerns but failed to correct matters and the breaches of the regulations continued. On the 25th January 2010, the MCA issued the company with an Improvement Notice which required them to rectify the position by the 28th February 2010. They also failed to comply with that notice.
A.P.Moller-Maersk were fined £18,500 plus costs of £4,439.27
Neil Atkinson, Marine Surveyor, Maritime and Coastguard Agency said:
“Fatigue is often a significant factor in accidents, whether it is to individuals or to the ship itself. For this reason the MCA are focusing on seafarers hours of rest during routine inspections of UK and foreign flag vessels. This conviction should send a strong message to the industry that failing to provide adequate hours of rest for the crew is not acceptable.”
Graham Duff, prosecuting on behalf of the MCA said in court:
“The hours of rest regulations are not just a bureaucratic exercise, they are all about safety. It should go without saying that fatigue, particularly for decision makers on board large vessels, is a very real enemy and presents a significant risk to the safety of others.”
Collision leads to prosecution for breach of Colregs
At a hearing at Folkestone Magistrates Court, the owners and Officer of the Watch (OOW) of a UK Registered fishing vessel pleaded guilty to several offences following a collision in the Vlieland Straits Traffic Separation Scheme on the 8th December 2008.
FV Hendrik
In the early hours of Monday 8th December 2008 the UK registered fishing
vessel Hendrik Sr was travelling within the Traffic Separation Scheme off Vieland ( Netherlands) in international waters. The Hendrik Sr
was travelling across the TSS while a Finish registered cargo vessel,
Birka Exporter, was travelling in the correct direction within the TSS.
The Birka Exporter was on the starboard side of the Hendrik Sr.
Under the International Regulations for Preventing Collisions at Sea
(Colregs), the Hendrik Sr was obliged to give way to the cargo vessel
and had the primary responsibility for avoiding a collision. A collision
ensued at about 06.30 hours with considerable damage being caused to
both vessels. There were no fatalities or injuries on either vessel. At
the time of the collision visibility was good. The Hendrik Sr was later
declared a Total Constructive Loss and has since been scrapped.
An investigation was started by the Enforcement Unit of the Maritime and
Coastguard Agency. The owners, skipper and OOW were interviewed
by the Dutch Police at the request of the MCA under Mutual Legal
Assistance legislation. No explanation has been given for the collision
or its causes.
The owners of the Hendrik Sr, Willem and Jacob Brands of Urk,
Netherlands were fined a total of £1,000 after pleading guilty to four
charges for breaching Colregs.
The OOW, Riekelt Brands of Urk, Netherlands, pleaded guilty to four
breaches of Colregs and one charge brought under Section 58 of the
Merchant Shipping Act for endangering his vessel and its crew. He was
fined £3,500.
The Magistrates made a cost order of £9,328.50 against the three
defendants.
Mr. David Fuller, Principal Fishing Vessel Surveyor for the MCA Eastern
Region said:
“The MCA regards strict compliance with the Colregs as extremely
important for ensuring the safety of all at sea. This collision would
indicate that even the most basic standards of compliance were not met.
It was most fortunate that no one was killed or injured.
The MCA would like to thank the Dutch Coastguard and Dutch National
Police for their assistance in this matter.”
Failure to declare dangerous goods
On Friday 30th April 2010 at Dover, Mr Sebastien Filipowicz aged 33 and Mr Piotr Jakobek aged 36, both Polish nationals, were stopped for a routine Customs check at Dover Ferry Port after arriving on the NorfolkLine ferry Maersk Dover from Dunkerque.
During the search by Customs Officers it was noted that that some of the boxes were labelled with dangerous goods placards but the vehicle was not. Further investigation by the MCA Enforcement Unit revealed that although the drivers had the correct paperwork for the dangerous goods they had not presented it to the ferry company when boarding the ferry at Dunkerque.
Because of this the ferry was unaware of the exact nature of the load and it was not stowed in accordance with the safety requirements set out in the International Maritime Dangerous Goods Code nor were the Captain and crew aware of the dangerous nature of the cargo and potential risk to the 272 crew and passengers on board at the time.
Both drivers were charged with contravening the Merchant Shipping (Dangerous Goods and Marine Pollutant) Regulations 1997 for failing to declare the dangerous goods .
On Monday 11 October 2010 at Canterbury Crown Court both Mr Filipowicz and Mr Jakobek pleaded guilty to the offences.
Her Honour Judge Williams said:
“The court takes the issue of public safety on cross channel ferries very seriously indeed. The fault that each of you failed to do was to identify a dangerous load that should have been identified at Dunkirk when seeking to board. The necessity of identifying the load is so that the ferry company can allocate an appropriate area within the vessel for the load to be stowed. The load was airbags destined for Land Rover. You have both pleaded guilty and are both of good character. I will be merciful. You will both be sentenced to a conditional discharge for a period of two years. If you commit a crime within the United Kingdom within that period, and particularly if you commit a similar crime to this one, the court will deal with you seriously. You must each pay a contribution towards costs. The contribution is £1,500 each to be paid within the next 6 months.”
Captain Eric Meare, Nautical Surveyor at the Dover Marine Office, Maritime and Coastguard Agency said:
“The importance of correctly declaring your cargo and in particular dangerous goods when checking in at the ferry terminal cannot be overstated in order to allow the correct stowage of the vehicle within the ship and the safe procedure for the crew to deal with it in the event of an incident on board.”
Policy and Updates
Health and Safety figures
New figures released confirm that Britain has the lowest rate of fatal occupational injuries in Europe and one of the lowest levels of work-related ill health.
The statistics published by the HSE show that in Britain between April 2009 and March 2010:
• There were 152 workers fatally injured - down from 179 the previous year. This is the lowest level on record in Britain, with 0.5 deaths per 100,000 workers.
• There were 26,061 major injuries, such as amputations and burns, to employees - a rate of 101.5 per 100,000 - compared with 27,894 in 2008/09.
• There were 95,369 injuries serious enough to keep people off work for three or more days - a rate of 371.5 per 100,000 - down from 105,261 the previous year.
• An estimated 1.3 million people said they were suffering from an illness caused or made worse by their work, up from 1.2 million in 2008/09. Of this, 555,000 of these were new illnesses occurring in-year.
• A further 800,000 former workers claim they are still suffering from an illness caused or made worse by work.
Judith Hackitt, Chair of HSE said:
"It is encouraging to see further reduction in the number of people being killed and seriously injured at work. We now need to ensure that the improvements which are being made continue. Every statistic represents an individual or a family which is now suffering as a result of health and safety failings at work.
"Britain remains one of the safest places to work in the EU and we are rightly proud of this record. The challenge now is to focus on those areas where improvement is slow to emerge.
"We know what good practice looks like but there remain significant areas of poor practice which still result in serious harm to people at work. These statistics also remind us yet again of the significant gains which are yet to be made in reducing the harm caused to people's health by work."
The construction and agricultural industries continue to report the highest levels of work-related injuries and ill-health, with disproportionately high numbers of incidents.
The toll of injury and ill-health resulted in 28.5 million working days being lost, an average of 1.2 days per worker - 23.4 million to ill-health and 5.1 million to injury.
HSE continues to take a tough line with employers who put workers at risk of injury or illness. It issued 9,734 enforcement notices requiring firms to stop dangerous activities or make improvements to the way they manage safety. It also took court action against the 1,026 most serious offences.
Double-award for 'Make the promise' agriculture campaign
An HSE campaign aimed at reducing the disproportionately high rate of death and injuries in agriculture has picked up two prizes at the PR Week Awards, considered to be the 'Oscars' of the PR world.
'Make the promise. Come home safe' which encourages farmers to make the pledge to return home safely for themselves, their families and their livelihoods, won the award for the Public Sector PR Campaign of the Year, before going on to claim the prestigious Campaign of the Year award. This is given to the best public relations project across private, public and third sectors in the last 12 months.
One of the judging panel described the campaign theme as 'an idea of genius', saying that it 'turned a hard-to-articulate issue into something human...'
30,000 farmers have signed up to the campaign so far and one of its notable successes has been the high profile support from the NFU, the National Federation of Young Farmers' Clubs and Co-operative Farms, amongst others, who are helping take the campaign forward.
HSE Board member and agriculture champion, Sandy Blair, collected the awards on behalf of HSE at the event in London:
"I am extremely proud to have accepted these awards not only on behalf of HSE, but all the other individuals and organisations who have helped make it such a success from concept through to delivery such as Weber Shandwick, COI News and PR and the National Federation of Young Farmers' Clubs.
"Most particularly I wish to acknowledge and thank those farmers and their families who have been prepared to share their personal tragedies in the interests of preventing others"
"These awards themselves will no doubt generate additional publicity for the campaign and that can only be a good thing."
HSE welcomes Lord Young's report on health and safety
The HSE has stated that it warmly welcomed the publication of Lord Young's report into health and safety.
Judith Hackitt, the HSE Chair, said:
"Lord Young's report is an important milestone on the road to recovery for the reputation of real health and safety. HSE welcomes it and will be actively pursuing those recommendations within our remit.
"We welcomed the review when it was announced by the Prime Minister in June and we are looking forward to contributing to its implementation.
"Publication of the report is a tremendous opportunity to refocus health and safety on what it is really about - managing workplace risks. Getting this right is good for employers, employees and Britain as a whole.
"We've been saying for some time that health and safety is being used by too many people as a convenient excuse to hide behind. Often it is invoked to disguise somebody's motives - concerns over costs or complexity, an unwillingness to defend an unpopular decision or simple laziness. Lord Young is sweeping these excuses away.
"HSE will continue to champion a sensible and proportionate approach to dealing with serious risks in the workplace - not eliminating every minor risk from everyday life."
'20-minute' risk assessment for low risk offices
A new online risk assessment will help cut back the time it takes to weigh up the hazards in offices to just 20 minutes.
The HSE has produced the web tool to help employers to consider relevant hazards in their office and think about how they control them to keep staff safe. The tool is said to help avoiding unnecessary paperwork and bureaucracy for office-based businesses, which tend to be low risk.
Safety officials will take account of the results of the assessments when they carry out inspections - evidence that businesses have taken appropriate steps to manage workplace risk.
Judith Hackitt, the HSE chair, said:
"Many people assume that risk assessments need to be long, formal documents covering every hazard, no matter how minor or unlikely to occur. That's not the case and the new 20-minute risk assessments make it clear that this can be done for any office quickly and easily.
"We've previously provided example risk assessments to help people identify the sort of risks they should be considering, but this goes one step further in helping employers actually do the assessment for offices.
"Employers know their businesses better than anyone - and with a little helping hand they can easily consider what is necessary to protect workers. Complying with the law in a low risk business can be done with common sense by anyone."
The online tool works by prompting employers to answer a series of questions about their workplace and then generates a unique risk assessment with actions required.
The HSE already provides example risk assessments for 34 workplaces, including charity shops, estate agents and hairdressers. They help businesses get to grips with the sort of risks they will need to manage.
The new 20-minute risk assessments differ because the online tool prompts employers to answer a series of straightforward questions that generates their risk assessment and action plan. Simplified risk assessments for other low risk workplaces are currently being developed.
Consultants register to improve safety advice
A new national register of occupational safety consultants will be set up to help employers access good quality, proportionate advice, the HSE has confirmed.
The Occupational Safety Consultants Register (OSCR) will go live in January 2011. It will provide firms with details of consultants who have met the highest qualification standard of recognised professional bodies and who are bound by a code of conduct that requires them to only give advice which is sensible and proportionate.
The register has been developed by HSE and a network of professional bodies representing safety consultants across Britain. Employers will visit a single website that help them to find local advisers with experience relevant to their sector.
Judith Hackitt, the HSE chair, said:
"Lord Young quite rightly recognised that businesses find it difficult to know when they need expert safety advice and where to go to get it. The Occupational Safety Consultants Register will make it easier to identify consultants who meet the highest standards within their professional bodies.
"There are already many very good safety consultants who give sensible advice to employers - the register will help recognise their professional skills and also encourages those who do not yet meet these standards to do so. It will help to raise the standard of advice available to employers and increase their confidence in the advice they receive."
To be eligible to join the register, individual consultants will need to be either Chartered members of the safety bodies IOSH, CIEH or REHIS or a Fellow of the IIRSM.
Membership will mean they have a commitment to continuous professional development, a degree equivalent qualification, two years' experience, professional indemnity insurance and are bound by a code of conduct to only providing sensible and proportionate advice.
The scheme will be managed by the professional bodies themselves through a not-for-profit company, with HSE providing support.
Membership of OSCR will be voluntary. There will be an annual administration fee to be paid, although the level has yet to be set. A further announcement on the detail of the scheme will be made later in the year.
Pesticide Residues Committee publishes 2009 annual report
The 2009 Annual Report of the independent Pesticide Residues Committee has been published.
The report draws together the results of the UK's programme of pesticide residues testing in food and drink for 2009.
Over 3,800 samples of both imported and home-produced food were collected from many sources including shops, markets, ports and wholesale suppliers, and tested for a wide range of different pesticides. Results are published every quarter and then summarised at the end of the year in this annual report.
Findings indicate that there is a high rate of compliance with legislation relating to the use of pesticides and maximum residue levels (MRL), and that the pesticide residues found were not likely to pose a risk to consumer health.
In 60.8 per cent of the food sampled no pesticide residues were found. 1.1 per cent contained residues above the permitted maximum levels.
The PRC carried out risk assessments of its results, which included looking at the most vulnerable people such as children and the elderly. Where problems were identified, these were followed up by the relevant authorities to maintain high standards of protection.
Chairman of the PRC, Dr Ian Brown, said:
“We continue to strengthen the programme and in 2009 again increased the number of pesticides we looked for. We also continued with our rapid response surveys with results for grapes and pears being published monthly.
"We found no increase in the incidence of residues above the MRL, despite the increase in the number of pesticides tested for and the introduction of many new MRLs as a result of legislation introduced in the autumn of 2008."
He added:
"As a doctor, I remain of the view that eating a healthy diet with a good mix of fruit and vegetables is beneficial to us all. There is a wealth of scientific evidence that shows the numerous benefits of a healthy balanced diet outweigh any concerns about pesticide residues."
As well as summarising the results of the monitoring programme, the report provides information about the role of the committee and their work throughout 2009 and takes a forward look at the monitoring programme.
Myth: If you run an office-based business you need a health and safety consultant
The reality
You probably already deal with most business issues yourself and health and safety should be no different.
If you run a low-risk, office-based business then health and safety is something you can manage without needing to buy in expert help.
After all, you should know your business better than anyone else.
|